REGISTRAR OF COMPANIES Vs. SHASHI THEATRES PVT LTD

JUDGEMENT

(1.) BY way of both these Revision Applications, the petitioner has challenged the judgment and order dated 22nd September 1983 passed by the learned Additional City Sessions Judge, Ahmedabad in Criminal Revision Application No. 230 of 1983, reversing the order dated 18th July 1983 passed in Criminal Case No. 1743 of 1982 by the learned Chief Metropolitan Magistrate, Ahmedabad, rejecting the application preferred by the accused citing the provisions of Section 468 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' ).

(2.) CRIMINAL Revision Application No. 1242 of 1983 has been preferred by (i) Registrar of Companies and (ii) State of Gujarat, and the subsequent Revision Application i. e. Criminal Revision Application No. 17 of 1984, has been preferred only by the Registrar of Companies and the State of Gujarat is joined as one of the respondents i. e. respondent no. 6 in the said Revision Application. The original prosecution was against the respondent-accused persons whose names are shown as respondent nos. 1 to 5 in both the Revision Applications. But ultimately, the said application came to be decided by the learned Magistrate on 18th July 1983.

(3.) THE respondent nos. 1 to 5 challenged the said order dated 18th July 1983 by way of filing Criminal Revision Application No. 230 of 1983 in the Court of learned City Sessions Judge at Ahmedabad. The order passed in the said Revision Application No. 230 of 1983 is the order under challenge in these Revision Applications. Both these Revision Applications remained pending before this Court for several years and the record shows that respondent nos. 2,4 and 5 have expired. Only the respondent no. 1-orig. accused no. 1 being a Private Limited Company and the respondent no. 3-orig. accused no. 3 being one of the directors, are facing both these proceedings. It appears that to avoid technicality, the second Revision Application i. e. Criminal Revision Application No. 17 of 1984, has been preferred joining the State of Gujarat as party respondent no. 6, but in sum and substance, the challenge in both the Revision Applications is the same.